78
Government Gazette 16 November 2009
Act No. 8, 2009
COMMUNICATIONS ACT, 2009
(ii)
(c)
No. 4378
that does not comply with standards prescribed under section
80 or that belongs to a category of telecommunications
equipment for which type approval has been prescribed as
contemplated in section 80(3) and that has not been approved
as contemplated in that subsection;
amend any or withdraw any licence issued to the accused under this
Act.
(5)
The accused may appeal against the imposition of a penalty by the
Authority under this section, as if the penalty were a sentence in a Magistrate’s Court
and as if the person who presided at the hearing at which the penalty was imposed, were
a magistrate presiding at a criminal trial in the Magistrate’s Court.
(6)
If the accused denies the alleged offence or the Authority does not
except the admission by the accused of a different offence, the Authority may forward
all relevant information to the Prosecutor-General together with a request to him or her
to prosecute such offence as is indicated in the request.
(7)
The Prosecutor-General may request further information from the
Authority in order to determine whether an offence has been committed.
(8)
If the Prosecutor-General is satisfied that there is a reasonable possibility
of proving the alleged offence, he or she must prosecute the offence concerned.
(9)
The Prosecutor-General may delegate the power to prosecute any
offence in terms of this Act to a member of the Board or an employee of the Authority
or to any legal practitioner to prosecute such offence subject to such conditions or
restrictions as the Prosecutor-General may deem appropriate.
Enforcement order
116.
(1)
If the Authority is of the opinion that any person has
contravened or failed to comply with any provision of this Act for which a specific
penalty has not been prescribed, or any provision for which the making of such an
order is explicitly authorised, it may issue an enforcement order instructing the person
concerned to perform any action or refrain from any action stated in that order within
the period specified in that order.
(2)
Any person against whom an order is made under subsection (1) may
appeal against such order to the High Court within the prescribed period and subject to
such procedural requirements as may be prescribed.
(3)
The Authority may allow a person against whom an enforcement order
has been made to postpone compliance with the order pending an appeal.
(4)
Subject to subsection (3), a person who appeals against an order made
under subsection (2), must comply with the order pending the decision of the High
Court on the appeal, unless the High Court has made an order exempting him or her
from complying with that order, which order may only be granted if the compliance
with the order would cause serious prejudice to the party against whom the order has
been made and the failure to comply with the order would not cause serious prejudice to
another party having a substantial interest in the subject matter of the order.